Opinion

Frederick Douglas Branch v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Apr 28, 2015
Status
Published
Cited by
0 cases
Authority
More cited than 41.2%

The opinion

Opinion issued April 28, 2015

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-14-00842-CR

———————————

FREDERICK DOUGLAS BRANCH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 338th District Court

Harris County, Texas

Trial Court Case No. 1407881

MEMORANDUM OPINION

Appellant, Frederick Douglas Branch, pleaded guilty to the offense of

unlawful possession of a firearm by a felon without an agreed recommendation as

to punishment with the State. The trial court ordered a pre-sentence investigation.

At the conclusion of the pre-sentence investigation, a hearing was held on

September 4, 2014, during which the trial court found appellant guilty and

sentenced him to confinement for three years.

Appellant’s counsel on appeal has filed a brief stating that the record

presents no reversible error, that the appeal is without merit and is frivolous, and

that the appeal must be dismissed or affirmed. See Anders v. California, 386 U.S.

738, 87 S.Ct. 1396, (1967). The brief meets the requirements of Anders by

presenting a professional evaluation of the record and detailing why there are no

arguable grounds for reversal. Id. at 744, 87 S.Ct. at 1400; see also High v. State,

573 S.W.2d 807, 810 (Tex. Crim. App. 1978).

Counsel represents that he has served a copy of the brief on appellant.

Counsel also advised appellant of his right to examine the appellate record and file

a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).

More than 30 days have passed, and appellant has not filed a pro se brief. Having

reviewed the record and counsel’s brief, we agree that the record contains no

arguable issues for appeal. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex.

Crim. App. 2005).

We affirm the judgment of the trial court and grant counsel’s motion to

withdraw. 1 Attorney E. Chevo Pastrano must immediately send the notice required

1

Appointed counsel still has a duty to inform appellant of the result of this appeal

and that he may, on his own, pursue discretionary review in the Texas Court of

2

by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the

Clerk of this Court.

We deny as moot any pending motions.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Brown and Lloyd.

Do not publish. TEX. R. APP. P. 47.2(b).

Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim.

App. 2005).

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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